These terms (the'Terms') govern the use of The Manufacturers Life Insurance Company's ('Manulife') secure website and mobile content (the 'Site(s)').
In these Terms and on the Sites, as applicable, the terms 'You' and 'Your' refer to the user who has registered for and accessed the Manulife Sites.
BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS.
1. Use of the Site(s)
Manulife authorizes You to use the Sites for convenience and for the purpose of transacting business with Manulife, where applicable.
As a condition of Your use of the Sites, You warrant to Manulife that You will not use the Sites for any purpose that is unlawful or prohibited by the Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use of the Sites.
2. Account Information, Password, Personal Verification Questions and Electronic Signature
When You register to use the Sites, You will be asked to provide Your email address ('Login name') and a password. You will select personal verification questions (‘PVQs') from a list of provided options and supply responses which will allow You to reset Your password on the Sites.
You agree that the information You provide to Manulife in connection with registering to use the Sites and at all other times will be true, accurate, current and complete and will ensure that this information is kept accurate and up to date at all times. You are responsible for ensuring the security and confidentiality of Your Login name, password and responses to Your PVQs.
At a minimum, You agree to:
· Exercise appropriate care in using Your Login name and password to avoid theft, misappropriation, unauthorized access and unauthorized communication.
· Keep Your Login name, password and responses to Your PVQs confidential and not disclose them to anyone.
· Notify us immediately upon learning that Your Login name, password or responses to Your PVQs has been disclosed or obtained by anyone else or may be known by anyone else, or that unauthorized use of the Sites may be occurring with Your Login name and password
Your Login name and password, together, will constitute Your electronic signature ('E-Signature') where You are transacting business with Manulife via the Sites. You agree that Manulife may use Your E-Signature as a means to authenticate Your identify and to accept without any further verification, all instructions provided by You via the Sites, including but not limited to contracting with Manulife, changing Your interactive voice response personal identification number, renewing or applying for benefits, submitting claims, changing investments, updating Your personal information and any other transactions conducted within the Sites, as applicable. You also:
(a) acknowledge and agree that Your E-Signature is the legal equivalent of Your hand-written signature;
(b) agree to be liable for all uses of Your E-Signature;
(c) acknowledge that Manulife shall not be required to verify the actual identity or authority of any person that accesses the Sites using Your E-Signature;
(d) agree to indemnify Manulife from and against any loss caused as a result of or in connection with, any unauthorized use of Your E-Signature, or any failure to comply with the above requirements to keep such E-Signature confidential, even if such loss occurs without Your approval or knowledge.
You agree to comply with all security requirements established by Manulife from time to time in connection with the use of the Sites and not disable or bypass any security features. Unauthorized attempts to circumvent security features, to use the Sites for purposes other than its intended purposes or to obtain, alter, damage or destroy information or otherwise interfere with the operation of the Sites are not permitted and any evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution.
4. Communications by Electronic Means
You consent to engaging in electronic communications with Manulife including but not limited to fax, online and/or electronic mail or by other electronic means at such numbers or addresses You provide to Manulife and that all contracts, notices, disclosures, and other communications that Manulife provides to You electronically satisfy any legal requirement that such communications be in writing.
Manulife will not be responsible or liable for any loss or damages You may incur if You communicate confidential or other personal information to Manulife by fax, online and/or electronic mail or by other electronic means or if Manulife communicates such information to You by these means at Your request or as a reply to a communication sent by You over the same channel. Manulife may verify communications or the source of the communications before it accepts them, but it is not obligated to do so.
6. Disclaimer and Limitation of Liability
You agree and acknowledge that complete privacy, confidentiality and security may not yet be possible for communication by fax, online and/or electronic mail or by other electronic means. As such, Your privacy and confidentiality cannot be guaranteed. Therefore, Manulife shall not be responsible or liable for any loss or damages You may suffer in connection with the Sites, including any loss of access, reduced access, or unauthorized access to the Sites, or in connection with Your communications to Manulife by fax, online and/or electronic mail or by other electronic means and its replies via the same channels with the exception of breaches of privacy, confidentiality or security due to Manulife's negligence or breach of applicable law.
You waive all rights that You may have to hold Manulife responsible in connection with any other use of the Site(s).
Based on the emerging nature of internet transactions and related technology, You agree that these limitations of liability are fair and reasonable, and that Manulife would not have permitted access to or use of the Sites by You if not for Your agreement with the liability limitations and disclaimers set out herein.
You understand that the availability of the Sites to You may be governed in part by Your employer's contractual arrangements with Manulife, if applicable, and Your continuing membership in the plans, which may change from time to time.
The Sites are not intended to be a comprehensive explanation of Your benefits. You are to refer to Your member booklet(s) for more information, or contact Your plan administrator or the person responsible for administering Your plan(s), to resolve any questions You may have requiring a detailed description of benefits covered under Your plan(s).
Manulife believes that the information included on the Sites is accurate when it is made available on the Sites.You understand and agree that Manulife cannot, and does not, guarantee nor ensure the accuracy, completeness, nor authenticity of the Site's contents, Site functionality, or Your transmission of any information or instructions to, or from, the Sites. You agree that neither Manulife, nor any of its affiliated companies, nor any other person associated with the creation or use of the Sites, shall be liable or responsible to any person for any harm, loss or damage whatsoever that may arise in any connection with Your use of the Sites.
The services described, and the information provided, on the Sites may not be available in all regions of Canada, or to persons who are located in jurisdictions outside Canada. Manulife services are only available in jurisdictions where they may be legally provided. The Sites are located in Ontario, Canada and nothing in the Sites constitutes an offer or solicitation to anyone in any jurisdiction in which the content or operation of the Sites is not permitted by law.
All investments, funds transfers, deposits and the management of Your financial affairs shall be Your sole and exclusive responsibility. The information on the Sites is not intended to provide You with any financial, investment, legal, tax, commercial, deposit, or other advice, and You shall not rely upon Manulife Sites for that advice.
Manulife reserves the right to amend the content of the Sites and any or all of the services provided through the Sites, at any time, with or without notice to You.
Manulife further reserves the right to amend the Terms, at any time, with or without notice to You. Any changes to the Terms will be made available to You through the Sites. By accessing or using the Sites after the posting of changes to the terms, You agree to be bound by such terms, as amended.
In the absence of valid evidence of inaccuracy in Manulife's records, Manulife's records of Your account are conclusive and You agree to be bound by same. In the event of a discrepancy between the information provided on the Sites and Manulife's recordkeeping system, the information on Manulife's recordkeeping system will prevail.
9. Termination, Suspension or Inability to Access
Manulife reserves the right, in its sole discretion, to terminate Your access to the Sites or any portion thereof at any time, without notice. Manulife reserves the right to terminate any or all of the services provided in connection with the Sites at any time without notice to You. Manulife will have no liability for any damage that may arise as a result of such cancellation.
Any or all of the services available to You through the Sites may periodically be unavailable to You in order to allow for maintenance, updates or other reasonable causes, including causes beyond Manulife's control.
You may, as an alternative to utilizing the Sites, access, conduct or cause to be conducted transactions on Your account(s) by telephone, fax or mail, as appropriate, during normal weekday business hours or at any other time these services are made available under Your plan(s).
10. Governing Law
The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.